Whether you’re on the hunt for a shoreline home, cozy cottage, or another type of waterfront property, you’ll want to understand riparian rights and how they work before you buy.
As real estate agents in Durham Region & Kawartha Lakes, we’re well acquainted with waterfront homes and the unique lifestyle they provide. In this blog, we’ll give you a brief introduction to riparian rights in Ontario and what you need to know about them.
A Quick Disclaimer
Just a heads up before we dive in. Shoreline law (like any type of legal matter) can get complicated in a hurry.
We’re going to cover the basics to help you understand a handful of important details to verify before you buy a waterfront property in this blog. However, if you’re looking for more specific guidance about riparian rights, it’s a good idea to ask a lawyer.
What Are Riparian Rights?
If you buy a house along a waterfront there are certain things you are (and aren’t) entitled to when it comes to your property and the water itself. These are known as your riparian rights.
Riparian rights and other aspects of shoreline law are complex in that they’re somewhat of a double-edged sword. Yes, they protect a homeowner’s right to enjoy the water along their property. However, riparian rights also outline several enforceable responsibilities that homeowners must adhere to, ensuring the shared accessibility and enjoyment of the water.
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How Riparian Rights Protect Homeowners
First and foremost, your riparian rights ensure you’re able to access and enjoy the water along your property without interference. For instance, you’re generally allowed to boat, fish, swim directly from your property as long as local regulations don’t say otherwise. You can also use reasonable amounts of the water for irrigation or other purposes needed.
As part of your ability to access the water, riparian rights also usually allow homeowners to build certain structures. This could include structures like a dock or shed along the shoreline, even if the land is considered to be public (more on that later).
Riparian rights also help preserve the natural flow and quality of a certain body of water. For instance, if your neighbour starts to pollute the water around your property, there are measures you can take to resolve the situation.
You May Not Own the Shoreline
Next, let’s look at one of the more common misconceptions about waterfront homes. Just because a home is located along a waterfront, that doesn’t mean you actually own the part of the property that makes up the shoreline. For some buyers, this is a major shock.
Even if the deed shows your property line extending all the way to the water, municipal or provincial regulations could override this. If you’re interested in buying a waterfront home, it’s a good idea to have a real estate lawyer go over the fine print to help you understand what is (and isn’t) your property.
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You Don’t Own the Water
Owning a waterfront home can feel incredibly private. However, that doesn’t mean that you have exclusive rights to the water beyond your property line. We’ve already talked about the usage aspects of this, but it’s also important to consider some of the more practical legalities.
In Ontario, water is considered to be a public resource. So, most lakes and navigable waterways are considered Crown land. This means that anyone and everyone is allowed to use the water. So, if your home backs onto a public body of water, you may occasionally have people enjoying the water somewhat close to your property line.
Of course, they can’t come onto your property or use your dock (beyond the shoreline), but this can take away from the overall sense of privacy if your home backs onto a particularly popular spot of the water.
If you’re looking for a waterfront home that has an extra layer of seclusion, talk to your real estate agent. They can help you find properties on privately-owned or lesser-used bodies of water.
Searching For a Waterfront Home?
Dreaming of finding the perfect home by the water? As Durham Region and the Kawartha Lakes’ most experienced team, we can help you turn that dream into a reality.
In addition to providing an enjoyable buying experience, our in-depth knowledge helps protect your investment. While there are lots to love about life on the water, these properties are highly specialized. Thankfully, we’ve got the expertise to ensure your future home lives up to your expectations.
Searching for the perfect place to call home? We can help. Call 905-985-7300 to reach our team, or email us at hello@liveplayinvest.com.
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Whether buying or selling a home in Port Perry and the surrounding area, our team has you covered. Book a call with us today to get started.
